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WASHINGTON MUTUAL BANK v. FREITAG

070387, 070388; A142630 (Control), A142631.

259 P.3d 1 (2011)

242 Or. App. 538

WASHINGTON MUTUAL BANK, Plaintiff, and JP Morgan Chase Bank, a national association, Plaintiff-Respondent, v. Kurt E. FREITAG and Rita H. Schaefer, Defendants-Appellants, and Lincoln County, et al., Defendants.

Court of Appeals of Oregon.

Decided May 4, 2011.

Attorney(s) appearing for the Case

John E. Pollino , Salem, argued the cause for appellants. With him on the briefs was Garrett Hemann Robertson P.C.

Robert C. Dougherty , Portland, argued the cause and filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Plaintiff Washington Mutual Bank1 filed these consolidated actions to foreclose on trust deeds to two coastal properties owned by defendants. In response, defendants asserted affirmative defenses and counterclaims based on the bank's alleged breach of contract, breach of fiduciary duty, and violation of various federal statutes. The trial court granted the bank's motion for summary judgment as to all but one issue—a...

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